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In limited circumstances, it may be appropriate for the lawyer to proceed with the representation when the clients have agreed, after being properly informed, that the lawyer will keep certain information confidential. Basically, the comment provides that if the lawyer believes that the client without the information needs to know it, the lawyer has discretion to reveal it. The law firm wanted to tell the wife, but the husband would not allow it.
Reah asked Bowen to change her will and trust to exclude Naomi in favor of Reah's business associates. Last, the court held that damages would be "grossly speculative." For a wrong-headed discussion of these issues, see An Unnamed Attorney v. The defendants, represented by one law firm, entered into an insurance agreement with the plaintiff. The defendants, represented by a new law firm in this case, alleged as one of their defenses that the agreement was not valid because their prior law firm had a conflict of interest in representing all the defendants. Where all the parties to a guardianship proceeding stipulated that a person should have a guardian, it was not a conflict for the same lawyer to represent the person needing the guardian and the person bringing the proceeding. We call those "unintentional" joint/multiple representations. In most circumstances, the lawyer may legally and ethically do this. The single most troublesome issue in these representations has to do with confidences. What is the lawyer to do when she learns something from one client that would be valuable information to the other?
Particularly noteworthy is new Comment (31], which, as to confidences, provides as follows: As to the duty of confidentiality, continued common representation will almost certainly be inadequate if one client asks the lawyer not to disclose to the other client information relevant to the common representation. In that case a law firm was representing a husband and wife in estate planning.